(1)
International Civil Aviation Organization (ICAO) flight procedures.
(2)
Reasonable warning procedures with regard to the military aircraft of all nations and the Commonwealth of Independent States in accordance with the United States- Commonwealth of Independent States agreement. (Refer to paragraph 7-6, 7-12, and 7-13 of this chapter.)
8-5 SELECTION OF OPERATING
firing activities shall be selected so as not to interfere with established air routes and ocean shipping lanes. In establishing firing exercise areas, every effort shall be made to confine activities to warning areas, altitude reservations (stationary or moving), other special use airspace, or any combination thereof. Arrangements for airspace of altitude reservations shall be made through the appropriate airspace or altitude reservation function such as Federal Aviation Administration Central Altitude Reservation Function (CARF), European Central Altitude Reservation Function EUCARF), or Pacific Military Altitude Reservation Function (PACMARF).
8-6 NOTICES TO AIRMEN -When the activity may
affect the safety of nonparticipants, coordination with the controlling agency and with appropriate Air Traffic Control facilities is essential to ensure safe routing of aircraft to, from and
around operating areas. The DoD shall issue NOTAMS in accordance with AR 95-10/OPNAVINST 3721.20/AFJMAN 11- 208 when the activity takes place outside published special-use airspace established in FLIP AP/1A.
8-7 OPERATIONS CONDUCTED UNDER ICAO PROCEDURES -Normally routine point-to-point and navigation flights shall follow ICAO flight procedures. Refer to Chapter 6 of this publication for the ICAO procedures.
8-8 OPERATIONS NOT CONDUCTED UNDER ICAO PROCEDURES -
a. There are certain operational situations that do not lend themselves to ICAO flight procedures such as: military contingen-cies; classified missions; politically sensitive missions; or routine air-craft carrier operations or other training activities. Operations not conducted under ICAO flight procedures are conducted under the "Due Regard" or "operational" prerogative of military aircraft and are subject to one or more of the following conditions:
(1)
Aircraft shall be operated in Visual Meteorological conditions; or
(2)
Aircraft shall be operated within radar surveillance and radio communications of a surface radar facility; or
(3)
Aircraft shall be equipped with airborne radar that is sufficient to provide separation between themselves, aircraft they may be controlling, and other aircraft; or
(4)
Aircraft shall be operated outside controlled airspace.
b.
The above conditions provide for a level of safety equivalent to that normally given by ICAO Air Traffic Control agencies; and fulfill United States Government obligations under Article 3 of the Chicago Convention of 1944 which stipulates there must be "due regard for the safety of navigation of civil aircraft" when flight is not being conducted under ICAO flight procedures. Essentially, flight under the "Due Regard" or "operational" option obligates the military aircraft Commander to be his own Air Traffic Control agency and to separate his aircraft from all other air traffic.
c. Flight under above provisions shall be regarded as
AREAS -Flight operations shall be conducted away from high
deviations from normally accepted operating procedures and
density air traffic areas, when possible. Areas for aircraft and practices, and shall not be undertaken routinely. Except for pre-planned mission, pilots or Commanders exercising "Due Regard" authority shall record the details in writing, and upon request from higher authority, furnish a detailed report. Planners should reference DoD Directive 4540.1, Use of Airspace by United States Military Aircraft and Firings Over the High Seas, prior to planning missions which will exercise "Due Regard".
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